Can we change jobs during H1B transfer or before the new petition has come?

[sancusa]

Currently, I am working on H1B for Employer A

My I797 and I94 both expires in April 2012 (H1B expires in April 2012)

I am planing to switch to a new job with Employer B from Jan 1 under normal H1B processing (which takes anywhere from 2 to 6 months)

After Jan 1, if my understanding is correct, Employer A would cancel my visa soon since I am no more working with him

So, during the time between Jan 1 and getting new visa from USCIS(for Employer B), is there a way I can switch to another employer C(if I get better offer) or I need to wait for few months till I get my new H1B

Experienced folks, please enlighten

[sancusa]

I think the partial answer to my question is here

http://www.*********...***********.html

I am employed by Company A on an H1b , got a new offer from Company B and filed for a transfer. which is pending. Now I have an offer from Company C that I want to join. Do I have to wait for approval from Company B to transfer to Company C?

No. You can file for a transfer using

Company A I797 approval, last few paystubs, Company B receipt, paystubs

from B and get a transfer approved to Company C. It is legal and possible

as long as you are in valid status. In order to get a bridged H1B approved, it must qualify as an extension of stay.

Therefore, each link in the bridge must be approved in order for an H1B transfer filed later to be approved. If the person's

H1B status expires while the various H1B petitions are pending, any denial of one in the string of H1B extensions will break

the bridge and the later case/s will not be approved as H1B extension/s of status.

what I still want to know is that is it fine to switch in january end when I would only one one paystub from Company B and two paystubs from

Company A since they need 2 to 3 months paystubs for visa processing. Is there no need to provide all paystubs from same employer?

[wiweq]

You need to be in-status while filing H1b extension. If you leave A on Jan1, your H1b will be gone from Jan2 onwards. You need to choose B,C, or D before Jan1st, apply the H1b ext too before Jan1st. Second option is that, once you get the receipt of employer B's H1b, say in March, you can go for C. This receipt will make sure you were in status while H1b filing by C.

[sancusa]

You need to be in-status while filing H1b extension. If you leave A on Jan1, your H1b will be gone from Jan2 onwards. You need to choose B,C, or D before Jan1st, apply the H1b ext too before Jan1st.

Well, is it not true after my first H1B is cancelled and normally Company A would cancel my H1B only after 2-3 weeks so dont I have that much time to switch?

Second option is that, once you get the receipt of employer B's H1b, say in March, you can go for C. This receipt will make sure you were in status while H1b filing by C.

So, when I have H1B receipt, I am good to go for another switch?

[wiweq]

//Well, is it not true after my first H1B is cancelled and normally Company A would cancel my H1B only after 2-3 weeks so don’t I have that much time to switch?//

Now cancelling H1b is online. It reflects in the system at instant, earlier it was used to take 3-4 months to cancel anH1b, but now it’s instant. USCIS is denying the cos even if you delay by just 2-3 days. Once they cancel your H1b, consider yourself out of status from next day.

//So, when I have H1B receipt, I am good to go for another switch?//

Yes, but you need to provide documents to prove your current status. Pay stubs in case of h1b.

[joshh02]

Thanks for answering this, I am exactly in the similar situation, though my H1B valid until Oct 2013. Use to work with Company A from where I got the original H1B valid till Oct 2013. Then company B hired me, filed for the transfer which is still under 'Initial Review', and now I am going back to Company A.

So I believe, they will file for another H1B (as they are hiring me back) on the basis of receipt and pay stubs from company B. Is that correct?

Thanks in advance.

[GArun]

I Have few more questions Based on the Same Post.

 

My H1B was filed by Company -A on April 2013 and H1-B started from OCT 2013. Recently in SEP -2014, I have switched to Employer -B , who  initiated my H1B Transfer process , which is still in  " Pending Process".

 

Now I got a New Offer from Employer -C, and he says I can still transfer to Him (Employer -C) during my H1B transfer from Employer -B

 

Can I do this? Is this even Legal?  What are my Options?

 

Please give Your valuable suggestions.

 

Thanks in Advance!